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Chapter Law Content

Title: Financial Asset Securitization Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter III: Special Purpose Company
Section IX: Accounting for the Special Purpose Company
Article 91
Based on the offering terms of different types or durations of Asset-Backed Securities, the SPC shall establish a separate account to keep records with the management and disposal of the transferred Assets, calculate its profits and losses and distribute amounts related thereto, and shall periodically prepare written reports with regard to book value of the transferred Assets, principal received or other interests, collectable payments, bad debts and other material information, and submit such report to the Supervisory Institution and notify the Asset-Backed Security holders.
The content of the reports described in the preceding paragraph shall contain no false statements or concealments.
Article 92
The SPC shall prepare an annual report at the end of each fiscal year, register the operational and financial reports audited by the company's supervisor to the competent authority and deliver such reports to the Supervisory Institution within fifteen (15) days after the same is approved by the board of directors meeting.
If the SPC issues Asset-Backed Securities through a public offering, Article 36 of the Securities and Exchange Act shall apply to the registrations and announcements. The scope of application of the aforesaid Article shall be prescribed by the competent authority.
When the SPC issues Asset-Backed Securities to specific people, the SPC shall deliver financial reports to the Asset-Backed Security holders in accordance with the investment memorandum. When the Assets are transferred to the SPC in accordance with the asset securitization plan, if the accounting thereof complies with Article 83, paragraph 2 hereof, Article 369-12, paragraphs 1 and 2 of the Company Act shall not apply to the SPC and its parent company.
Article 93
Holders holding more than three (3) percent of the total units of the Asset-Backed Securities in the same series may submit the reasons expressed in writing to request the Supervisory Institution to inspect the business and financial conditions of the SPC.
Holders holding more than three (3) percent of the total units of the Asset-Backed Securities in the same series may make a request, by written request with reasons, to the SPC for viewing, photocopying, or otherwise copying reports and financial reports prepared by the SPC in accordance with the preceding Article.
Article 94
The provisions of Chapter 5, Section 6 of the Company Act shall not apply to the SPC.